Law Commons^™

The Impact Of The Winter's Doctrine On Water Allocation To The Gila River Indian Community, Deana P. Benally

UNLV Theses, Dissertations, Professional Papers, and Capstones

Can the Gila River Indian Community rely upon the Winter's Doctrine (1908) to obtain more water than the past? The purpose of this thesis is to examine the impact of the Winter's Doctrine on the Gila River Indian Community (GRIC). This research paper uses the case study method to evaluate the relevance of the Winter's Doctrine on current negotiations. Results indicate that the Winter's Doctrine is not expected to have much of an impact on current negotiations with the U.S. Congress.

East European Security Revisited: Institutions, Power, And Security, Blagovest Tashev

Graduate Program in International Studies Theses & Dissertations

Drawing on the literatures on democratization, security studies, and small states this dissertation explores the relationship of small states' domestic and international institutionalization and their security. Small states have limited power not only to affect their environment but also to guarantee national security. Small states, it is hypothesized, enhance their security through the consolidation of domestic institutions and the accumulation of capacities provided by their participation in capacity-reach international institutions.

The dissertation tests the hypothesis by applying the comparative method to the post-communist states of Bulgaria, the Czech Republic, and Lithuania. The three case studies analyze the effects of domestic …

Crossing The Line: Juvenile Transfer And Prison Violence, Jessica M. Huffman

Sociology & Criminal Justice Theses & Dissertations

The juvenile court has long held caring and rehabilitation as it's objective for those persons who commit crimes while under age 18. However, arguably, that goal has been compromised with the use of juvenile transfers. Some research has been done on the use of transfers, but little has studied the effects of incarcerating juveniles with adult prisoners at the state level. This thesis examines the use of the juvenile transfer and the effects it has with respect to prison violence using states in the U.S. as the unit of analysis. It was hypothesized that prison violence would increase with an …

The Relationship Between Education And Police Stress: Bachelor's Degree Versus High School, Cathy S. Gatson

Theses, Dissertations and Capstones

Sixty law enforcement officers from the largest municipality in the state of West Virginia were evaluated concerning levels of stress or anxiety experienced from organizational issues and interdepartmental rules and regulations. These findings were subsequently compared with the officers level of educational attainment, specifically Bachelor’s degree versus high school education. Specifically, comparisons were made regarding officers with a Bachelor’s degree and those with high school education and scores from the Fear of Negative Evaluation Scale, the Job Satisfaction Index, and the Stress Quiz. Additionally, comparisons of the scores were made between officers with a Bachelor’s degree and officers with a …

Sexual Boundary Violations Between Peace Officer Agencies And Offenders, Jacqueline Lorraine Goins

Theses Digitization Project

Peace officers across this country have allowed a hostile environment to be created with offenders who are in their custody. An overview of the issues to be addressed in this study will begin with sexual boundary violations among peace officers and offenders, such as physical intimacy and emotional commitment that meets the sexual needs of the peace officer.

Institut Penyelidikan Perhutanan Malaysia (Frim) Dan Perhutanan Mampan, Jayaletchumi Vadiveloo

Student Works (2000-2009)

The main issue which has been set out in this research are mainly related to the most prominent topic on sustainable forestry in Malaysia. Furthermore, it has been noted about the system of legislative which has been implemented in order to achieve the goal of sustainable forestry management in Malaysia. In order to achieve the goals, there it comes the supportive and important roles which has been played by JPN and FRIM as known as subsidiary of government bodies. Therefore, these project paper also has recommended the role and efforts has been distributed by FRIM in motive to prevent the …

Islamic Banking And Takaful : The Development And Future Challenges In Malaysia, Jalaludin Mohd Noor, Khairuddin Hanafiah

Student Works (2000-2009)

The establishment of the Mil Ghamr Local Savings Bank of Egypt in 1963 marked a new milestone in the development of Islamic banking system. The interest-free banking concepts introduced by Mil Ghamr signaled to the Muslim community that Islamic principles were applicable to modern day banking business. The government of Malaysia has been actively promoting Islamic banking with the view to have Islamic financial system operating side-by-side with the conventional interest-based system, Both are geared towards the nation's socio­economic development goals. The establishment of Bank Islam Malaysia Berhad in 1983 was the first step towards this vision. Ten years later, …

Pemikiran Abu Yusuf Mengenai Kewangan Islam : Kajian Dalam Kitab Al-Kharaj, Hanin Mahamud Azaki

Student Works (2000-2009)

This dissertation explains the contribution of Abu Yusuf in Islamic Finance based on his Kitab al-Kharaj in which he has been regarded as an outstanding Muslim thinker of Hanafi school of thought. In this work, Abu Yusuf highlighted the position of land taxation (al-kharaj) according to Islamic perspective. ln other words, it tries to view Islamic rulings concerning land tax, its procedures as well as its measurement. Hopefully it will assist in the implementation of land tax accordance with the spirit of Islam. Chapter one explains the background of Abu Yusuf, his teachers and writings. Chapter two mentions the theory …

Al-Khilafah Al-Islamiyyah Menurut Al-Quran : Suatu Kajian Terhadap Kefahaman Masyarakat Islam Di Kuala Lumpur, Abu Zaki Ismail

Student Works (2000-2009)

Kajian ini membincangkan tentang konsep khilafah di dalam Islam berdasarkan kepada perspektif yang dipaparkan di dalam al-Quran. Kajian disasarkan kepada tahap kefahaman masyarakat Islam Malaysia, khususnya di Kuala Lumpur. Sejarah khilllfah Islam yang gilang gemilang telah diakhiri oleh keruntuhan sistem tersebut dengan kejatuhan pemerintahan Islam Turki cUthmaniyyah pada tahun 1924 M. Lantaran itu, muncullah suara-suara di kalangan umat Islam dan ulamaknya untuk kembali kepada sistem khi/Qfah Islam. Penulis cuba melihat reaksi masyarakat Islam sendiri terhadap seruan tersebut selain dari mengenal pasti kefahaman mereka terhadap konsep khilii fah Islam seperti yang digagaskan oleh al-Qur'an. Hasil daripada kajian ini, penuhs dapati: 1. …

Pentadbiran Harta Penama Di Institusi-Institusi Kewangan Di Malaysia : Satu Kajian Mengikut Perspektif Undang-Undang Islam, Zuraida Saad

Student Works (2000-2009)

This research will focus on the administration of .. harta penama" (nominated property) and nomination in a few financial institutions in Malaysia from Syariah perspective. It will also highlight conflict between civil courts decision on "harta penama" and the rulings or «fatwas". It will also discuss the legal position in those financial institutions. Whether the administration of those property is inline with Syariah principles or not, is highlighted in this research. From the Syariah's perspective, there are vast differences between the position of "harta penama" and property, so also it differs from gift. The current practice in certain financial institutions …

Penetapan Kadar Kos Perbicaraan Dalam Penghakiman Di Mahkamah Syariah : Satu Kajian Di Mahkamah Syariah Selangor, Shuhairimi Abdullah

Student Works (2000-2009)

The fixing of hearing fees in state Shariah Courts has been provided in a written form as laid down in Rules of Costs and Fees. Practically, in Selangor the determination of hearing cost is stipulated in the Rules of Costs and Fees 1991. This dissertation is aimed at focusing on the details of fees and cost scale as provided in the Rules. This research finds that the cost taxation by Shariah Court judge in Selangor is based on his discretionary power and most of decisions are concerning the attendance fees.

A Legal History Of The Job Corps, Joseph E. Blackett

Dissertations

Purpose. The purpose of this dissertation was to construct the legal history of the Job Corps. I focus on five basic questions that guide the study: (1) What were the statutes that created the Job Corps? (2) What was the mission of the Job Corps? (3) How did the Job Corps change over time? (4) What effect did legal challenges have on the Job Corps? and (5) What changes were brought about by recent legislation?

Method. This study involved three basic activities: review of available sources of data to secure information relevant to the five focus questions in the purpose …

The International Criminal Court: A Contextual Study Of A Nascent Court Within The International Criminal Legal System, Ronald Ian Mackay Rennie

LLM Theses

The 'Rome Statute' of the International Criminal Court (ICC) represents an exciting and revolutionary development in the field of international law generally and international criminal law specifically. Unfortunately there are many ways in which academics, the media and political decision-makers misinterpret its intent and its nature. This thesis considers these traps and embarks upon an analysis of international criminal law by considering the content of the Statute and how it proceeds to establish an International Criminal Court, capable of bringing those most serious perpetrators to account. The subject matter of the ICC reveals a Court with a very limited jurisdiction, …

Analisis Strategi Retorik Sultan Omar Ali Saifuddien Iii Tentang Isu-Isu Perlembagaan Negeri Brunei Dan Rancangan Malaysia, 1959-1963, Kee Foong Choong

Student Works (2000-2009)

Kajian retorik ini merupakan satu kajian ke atas teks titah Sultan Omar. Kajian ni meneliti strategi-strategi retorik yang digunakan oleh Sultan Omar ke atas isu Perlembagaan Negeri Brunei dan isu Rancangan Malaysia. Dalam setiap isu itu, aspek-aspek lnvensi, Disposisi dan Gaya Bahasa dikenal pasti dan dihuraikan. Untuk korpus kajian ini, 36 buah titah terpilih Sultan Omar telah digunakan untuk analisis. Satu perbandingan perbezaan kekerapan penggunaan strategi retorik falam ketiga-tiga aspek itu dilakukan bagi setiap isu tersebut. Di samping itu, seni pertitahan Sultan Omar turut dipaparkan. Kaedah analisisnya adalah berdasarkan Hukum Retorik Klasik Aristotle. Dapatan kajian ini menunjukkan :iahawa terdapat 35 …

The Relationship Between Sex Role Stereotypes, Domestic Violence Training, History Of Law Enforcement Involvement, And Law Enforcement Officer's Perceptions Of A Domestic Violence Incident, Kristen M. Schuch

Masters Theses

This study examined how police officers perceptions of a domestic violence situation are influenced by sex role stereotypes, domestic violence training and history of police intervention. Participants were police officers employed in sheriff's departments or city police departments. Officers received several surveys and a vignette describing a domestic violence scene. Officers were given one of two vignettes, one describing a situation in which there have been previous calls to the address and one in which this is the first call and were then asked several questions to assess their perceptions. Sex role stereotypes were assessed using the Sex Role Egalitarianism …

Perjanjian Jual Beli Rumah Mengikut Perspektif Undang-Undang Muamalah Islam, Mohd Basyir Omar

Student Works (2000-2009)

This research intends to examine the contract of house purchase from the view of the Islamic Law of Transaction. The rational of this research is to view this contract according to the Islamic perspective. The statement of the problem in the current review acknowledges that there are inertia of comprehensive legal view from the Islamic perspective on the procedure of the bay' bithaman iijil (BBA) under the business scheme operated by the financial institutions, even though this scheme has been offered since 20 years ago in this country. In order to understand the problem clearly, legal principles of the sale …

War And The Problem Of Child Soldiers, Meng Yoong Yong

Student Works (2000-2009)

Askar kanak-kanak mernpakan satu fenomena yang jarang didebatkan di Malaysia. fetapi di banyak negara dunia ketiga ia mernpakan satu perkara biasa. Yang dikatakan askar anak-kanak adalah pejuang yang bernmur Japan belas tahun ke bawah. Apa yang menakjubkan alah seramai 300,000 kanak-kanak di sebanyak 60 buah negara melibatkan diri secara aktif di ialam konflik dan peperangan. Di Afrika sahaja terdapat lebih kurang 120,000. Jika dahulu canak-kanak ditugaskan dalam sektor sokongan dan logistik seperti tukang masak, pengangkut )arangan, penghantar mesej dan pengintip, kini oleh kerana teknologi pesat dalam bidang Jersenjataan, kanak-kanak ditugaskan di barisan hadapan bersama pejuang dewasa yang lain. Kanak-kanak perempuan …

Pelanggaran Hak Asasi Manusia Di Aceh Tahun 1989-1998 Menurut Syariah Dan Perlembagaan Indonesia, H. Munawar A. Djalil

Student Works (2000-2009)

This research attempts to find out human rights violations in Acheh during the period of 1989-1998 according to lslamic Laws and Indonesian Constitution. Chapter 1 highlights backgrounds of this research whereas chapter 2 discusses modem and Islamic human rights theories. AII these theories look at similarity, freedom and justice. The difference is only based on its principle Islamic theory is based on AI-Qur'an and Sunnah whereas modern theory is based on humanism. Furthermore, Chapter three talks about histories of Aceh and implementation of Military Operation Zone whereas Acehneses considered as rebels and Islamic fundamentalists by Indonesian Government. This situation has …

Analisis Perlaksanaan Siasah Syar'iyyah Di Bahagian Penguatkuasaan, Jabatan Undang-Undang, Majlis Bandaraya Shah Alam (Mbsa), Kajian Dari Tahun 1997-2000, Khairul Faezi Mohd Said

Student Works (2000-2009)

This thesis discusses on an aspect of analysis on the enforcement of "Siyasah, Syar'iyyah"  specifically behind the enforcement actions taken by the enforcement board. Enforcement duties that are carried out by particular board is a normal phenomenon in Islamic Administration System. "Siyasah, Syar'iyyah" is a method introduced by Islam to ease and guide the administration process of a country in which it provides guidelines that must be followed or obeyed by the administrator to ensure that all policies, laws and action taken by the government really abide by the Syariah Rules. ln general, this survey is to look objectively how …

Akad Al-Bay Bi Thaman Ajil Di Bank Rakyat Mengikut Perspektif Undang-Undang Kontrak Islam, Hamizan Mohd. Nor

Student Works (2000-2009)

Al-bay bi thaman ajil (BBA) is a financing contract according to Islamic principles. It is a well-known product and is offered by Islamic Banking System in Malaysia including Bank Rakyat itself. The product is an alternativies to the financing scheme of the conventional bank. Therefore, the dissertation studies the practice of SBA contract with attention given to the concept and nature of BBA contract in the Islamic transaction and its practise at Bank Rakyat. The study also discusses certain relevant concept such as debt, buy and selling (transaction), profits and usury in Islam all of which constitute some important aspects …

Peranan Institusi Dakwah Dalam Menangani Masalah Murtad Di Lembah Klang, Norhafizah Musa

Student Works (2000-2009)

The research discussed extend of misionary by the Missionary institutions in the Klang Valley 10 eradicate apostasy issue especially in the Klang Valley. Apostasy problem is the greatest degree of problem that can be fafed by a muslim. Based on media views and latest/uo to date reports by various parties, the rate of apostasy amongst muslims in the Klang Valley is increasing from time to time. Hence, this dissertation focused on two important aspect; First, to study the management and role of major Missionary institution such as JAKIM, JAWI JAIS, PERK.IM and ABIM in implementing their programs. 1n producing this …

An Evaluation Of The Financial Sector Master Plan & The Capital Market Master Plan, Soo Yeong Ewe

Student Works (2000-2009)

The financial sector is poised to enter a new era of institutional development and maturity with the unveiling of both the Financial Sector Master Plan (FSMP) by Bank Negara Malaysia and the Capital Market Master Plan (CMP) by the Securities Commission in 2001. FSMP is a blueprint to chart the way forward for the country's banking, insurance and other financial sectors for the next decade from year 2001 to 20 I 0. It aims Lo develop a more resilient. competitive and dynamic financial system that will be able to meet the challenges of further liberalization and globalization. CMP is a …

An Empirical Investigation Of The Relationship Between Audit Committee Effectiveness And Internal Auditors' Professional Objectivity, Sarjo Jah

Student Works (2000-2009)

The objective of this study is to empirically investigate the relationship between audit committees effectiveness and internal auditors' professional objectivity. The study attempts to determine whether or not audit committees effectiveness enhances the professional objectivity and independence of internal auditors. A mail questionnaire, which was used to collect data, was sent to internal auditors as well as audit committee chairmen. The data collected had been analysed using a parametric t-test. The findings of the study showed that there is a positive relationship between audit committee effectiveness and internal auditors professional objectivity. This study adds to existing local literature on audit …

An Empirical Investigation Of The Relationship Between Audit Committee Effectiveness And Internal Auditors' Professional Objectivity : A Focus On Financial Institutions In Malaysia, Panir Selvam Kannan

Student Works (2000-2009)

This study provides empirical evidence on the relationship between audit committee effectiveness and professional objectivity of internal auditors in the Malaysian banking industry. There was no prior study done on this relationship. Although many studies had been done on the audit committee effectiveness in Malaysia and on the internal auditor's objectivity in overseas, no study is yet to be done on the relationship between an effective audit committee and the professional objectivity of internal auditors. Therefore, this study fills such gap. Many official organizations and bodies internationally as well as in Malaysia have proposed an important role for audit committee …

Kefahaman Tentang Al-Sakha Dan Penghayatannya Di Kalangan Kakitangan Universiti Teknologi Mara (Uitm) Shah Alam, Selangor Darul Ehsan, Halipah Hamzah

Student Works (2000-2009)

Allah s.w.t. has blessed mankind with their assets whether in the form of material wealth, wisdom, skill etc. However, all these assets would still belong to Him and it is therefore held by human beings in trust to benefit all mankind al their best. In Islam, 1here are many ways to distribute one's resources such as donation. lending. endowment, discussion etc. By being generous, we share the quality of the charitable mankind and shall be rewarded by Allah s.w.t. as highlighted in al-Quran and Hadis. There are three levels of generosity, that is to donate a potion of their assets …

Sejarah Perkembangan Ajaran Sesat Di Hulu Besut, Terengganu, Abdul Haris A. Hamid

Student Works (2000-2009)

Lately, the problem of cult in our country is becoming very serious. It's not only broke our relationship, but also threaten our lives as happened at Sauk by the Al-Ma'unah group and others a few years ago. The people do not understand the emerging of the cult and the continuity from the past and the modem cult. This thesis is trying to study the history of cult since the emerging of Islam brought by our prophet, Muhammad s.a.w. The issues studied are as the follow: 1. The Besut background in term of location, social, education and the way of believers …

Emansipasi Wanita : Suatu Kajian Terhadap Pandangan Wanita Islam Di Universiti Teknologi Mara (Uitm), Kampus Seksyen 17, Shah Alam, Selangor Darul Ehsan, Bateriah Alias

Student Works (2000-2009)

Woman's emancipation refers to the western feminism and the movement of women's liberation with the objective of seeking an equal rights between women and men before law, in politic, education and social. History has witnessed the oppression against women by men either traditionally or under certain laws since the time of the ancient Greek. After centuries, women have evoked against this oppression and extremely criticized the patriarch system which has been said as the root of the problem. Nowadays, even though this movement has already succeeded in many of their demands, various new phenomenon aroused in western society out of …

Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Membendung Ajaran Sesat : Suatu Kajian Di Jakim, Wan Zulkifli Wan Hassan

Student Works (2000-2009)

This dissertation is entitled: 'The doctrine of Sadd al-Dhara'i, and its usage in preventing deviationist teachings: A study at JAKIM" The doctrine anses from a statement that sources of the Islamic Law are the basis to determining any legal matter and in solving human problems especially in the matter of deviation of belief. In order to arrive at an academic conclusion. this dissertation attempts to identify the said sources through al-Qur'an, al-Hadith or ijtihad of the Jurist. This study is conducted by elaborating the doctrine of Sadd al-Dhara'i,' in term of us definition, conditions, fundamentals, scope and its position as …

Daman Al-Mithl In The Contract Of Al-Ijarah And Al-Rahn : A Comparative Jurisprudential Study, Hossam Eldin Ibrahiem

Student Works (2000-2009)

Al-daman (guarantee) is one of the legitimate means used to protect ownership and other financial rights. It is one of the means of security upon which people have been dependent for a long time. As people use it, it develops with the development of their economic and commercial dealings. Al-daman has, as such become an important means which plays a vital and basic role in the development of modem economies. Its role is so vital that it is not an exaggeration to say that al-daman  has become the basic pillar of the modem economies and all commercial dealings for banks, …

Clinton's Foreign Policy And The Politics Of Intervention: Cases Of Ethnic Cleansing And Democratic Governance, Daneta G. Billau

Graduate Program in International Studies Theses & Dissertations

This dissertation examines the sources of U.S. President Bill Clinton's foreign policy, with special attention to understudied political elements of intervention. The basis of this study is the Clinton Doctrine, in which Clinton opposed ethnic cleansing, and supported democratic governance worldwide. The primary research question asks to what extent and why was there a variation in Clinton's application of his own doctrine in the specific cases of Rwanda in 1994, Haiti in 1994, and East Timor in 1999. To address this question, the following five hypotheses are posited:

H1: The more vital interests are at stake, and the closer the …